Eight Mistakes I Made While Talking to the Police

I am not a lawyer and I don't offer this article from the standpoint of a legal professional. I offer this information because I watched shows from reality cop shows to fictional legal dramas all my life and I still made some of the biggest possible mistakes when I ended up in a situation I never expected to be in. I've lived an unusual life and have participated in my share of adventures, but overall my personal choices have been pretty simple. I'm not an illegal drug user and never have been. I drink a little, but I've never been a big drinker. I've primarily been in monogamous relationships and only a few of those though I'm over forty. I did well in high school and paid my own way through college, ending up with a BA degree while still in my twenties. I've had children and now I have one grand-baby. Through all this, I tried to live a pretty clean life though I don't claim to be any saint. Nevertheless, I was stunned to find myself being questioned by a police officer (one that had been a personal friend) and between my shock and my ignorance I really didn't think that the bits of advice I'd gleaned from television were all that useful. I was wrong.

It would take a longer article to write about my entire experience in this area, though it is one that I intend to write. For now, though, what I hope to accomplish with this article is to tell you about the mistakes that I made in my situation and how you might be able to avoid them if you have the same misfortune. If you are already involved in some sort of legal situation, I don't encourage you to just read this but to go out and get solid and professional legal advice. I offer this information in hopes that this things might stick in the back of your mind just in case. Whether you are taken to a police station to be questioned or you are casually asked to answer questions by a police officer, you need to know these things. Whether you are totally innocent of a crime, truly guilty of a crime, or feel that you fall somewhere in the middle- you still need to know these things. It is an old joke that everyone in prison is innocent (though most of them are far from it.) However, the fact is that there are some innocent people in prison and in your local county lock-up, sometimes law enforcement officials still make mistakes. Just today I heard a story on my local news about a woman who was arrested for non-payment of traffic fines. She was guilty. She also happened to share her name with a known drug dealer though she was not a drug dealer. She was a secretary and had never even dabbled in drugs and she didn't share a social security number or fingerprints (obviously) with the real drug dealer, but they did have the same name and a slightly similar appearance. She was locked up for seven days before the mistake was caught, though she tried to explain from day one and her sister brought records to prove her identity on day two. It was after watching this show that I realized that I needed to write this for everyone out there that might think it won't happen to them.

My first mistake was that I was asked to tell "my story" to the lone police officer while we sat in his office alone and I did tell my story. I was frightened and confused and I thought the best thing to do was to do what my mother had taught me and tell the truth. So, I told the truth. I had no idea that a police officer has the right to coax you to enhance your story and even has the right to lie to you if he or she believes that you are guilty of a crime and aren't being forthcoming enough.

My second mistake was to fall for it when the officer did push me to enhance my explanation of the circumstances. He told me that if I only explained things a little better that he could take care of things and nothing would happen to me. I had a grandchild at home, a job to go to, and I thought that he meant what he said. So, I kept trying to say the truth in different words until he was satisfied. With each re-telling he introduced a new twist until I wasn't even sure what the truth was anymore. Hours went by without any offer of water or food, so I kept talking thinking that it would get me out of there.

My third mistake was to not stand up for my rights. I could have asked if I was being charged with anything and insisted that if not, I wanted to leave and attend to my family and needs and that they could contact me when they had something real to say to me. Instead, I put up with the brainwashing because this officer had been a personal friend for over two years and I honestly thought that he had my best interests in mind and wanted to help me. Little did I know that he was being pushed to resolve a puzzle and he just needed a scapegoat. He was very happy to go with half-truths to accomplish the goal of calling the case "solved."

My fourth mistake was the most important of all: no matter WHAT the situation, no matter if you are guilty, innocent, or in a confused state, no matter what you are promised -- always, always, always refuse to speak without a lawyer present. Period. Granted, if you get pulled over for speeding and you were speeding, you'll accept the ticket and move on and I would still do that now. But if you are being asked questions or asked to talk about anything other than a standard traffic violation, just say NO. Be firm and clear that you will not proceed without legal counsel and stick to your guns. The officer cannot force you to talk if you don't choose to. The officer has to either charge you with a crime or let you leave and even if they say they plan to charge you with a crime, you don't have to say a single word in your defense or offense without legal counsel. Even if they tell you they will have to detain you since you won't talk, that is fine, let them detain you all they want and your lawyer will deal with whether that detainment was legal or not. And even if the detainment was legal, just be detained and wait until that lawyer is there. If you can afford it and have a way to contact a lawyer, insist upon contacting your own lawyer and then stop talking. If you cannot afford a lawyer at all or have no way to quickly obtain a lawyer, tell them that you are aware that you have the right to be represented by a lawyer even if they have to appoint one for you. The officer may tell you that asking for a lawyer is an automatic admission of guilt. Ignore this -- it is standard procedure for a police officer. The officer may tell you that there is red tape and paperwork to obtain a public defender and this could hang things up for you. Stand your ground anyway and tell them you are happy to fill out any needed paperwork for a public defender. The officer will do whatever he or she can to get you to say even one or two things before you have a lawyer, so just don't fall for it. Even if you are entirely innocent of any crime at all, it will be well worth the wait and trouble to have a lawyer at your side.

My fifth mistake was to assume that if my rights hadn't been read, things weren't that serious. The officer that spoke to me mumbled some questions about whether or not I knew my rights early in our conversation and in my confusion I said something like, "I guess so." After that, there was nothing said about my right to remain silent, my right to legal counsel, or any other right. Yes, it is technically illegal for them to detain you or arrest you without reading your rights. In the end, it was his word against mine. Since I had no lawyer present, it was pretty difficult to prove that my rights weren't spoken. Never assume anything. If they do mention your rights, ask them exactly what rights they mean. And, besides that, if they mention your rights in any form or fashion - remember my fourth mistake and get a lawyer there.

My sixth mistake was to assume that the police officer would stick to what he said he would do even after the "interview" was over. In my case, he assured me that he would speak to some people on my behalf and that everything would be fine. In reality, he made sure to utilize my confused multiple statements to tie me to anything and everything that suited him. I wasn't even aware of that until months later when I did have an attorney and I obtained a copy of the police report.

My seventh mistake was to believe that my lack of any record at all and my years of education, good job evaluations at a long-term job, and generally good living would definitely affect the law enforcement officials in a positive way and ultimately help me. I had seen so many news programs and television shows where judges and juries realized that a person with over forty years of good living isn't likely to suddenly turn criminal. In the real world, judges are busy people who often barely glance at anything but the police report and the recommendation of a District Attorney. Unless you are famous or have a great deal of money, they don't really care if you've led a great life and they also don't really care if you did anything wrong. They just want to get your case out of the way and get to their golf game. If your lawyer is less than the best, you are even more likely to face an entirely cold legal system.

My eighth mistake was to believe that defense lawyers also really care about the truth. I still believe and hope that some do. The bottom line is that most defense lawyers are just doing a job and they also just want to get to their golf game. They don't prefer to lose cases, but they will take that risk if the money or other rewards are good enough. They will probably pay lip service to their belief in your side of the story. If they are public defenders, they will typically want to resolve your case as quickly as possible and move on, so this may mean a less than beneficial deal for you. If they are paid lawyers, they will try to string out the time it takes to resolve your case and this is partly to your benefit. Sometimes time passing means that tempers cool, police officers change regions, and the passage of time can reduce the impact a legal decision could have on you if it is negative. On the other other, the passage of time means that your lawyer spends more time on your case and you therefore owe more money. Going to trial is typically very expensive, so even if you are innocent you may be offered a poor plea agreement and your own lawyer may not be motivated to get you a better plea agreement since he or she stands to make more money by going to trial. If you are short on funds, you may end up forced into a corner that is far from beneficial to you. If you can afford a good lawyer and the case you are involved in is serious - take the time and funds to hire the best lawyer you can afford. This is not a time to cut corners. If you cannot afford the best lawyer, at least try to get the best one you can. You can hire a lawyer that you don't know well when you are in the early stages and have to have some kind of counsel, but there is no reason that you cannot terminate the agreement with the original lawyer and shop around once things calm down. Finally, if you do have to go with a public defender, really listen to the offers that are given to you and voice your opinions. I sat in a waiting room one day and listened to a young man waive all rights to appeal just to get a bad plea deal from his public defender. Once you are in the courtroom a judge may ask you to say that you are happy with your legal counsel, so in those two strokes you've lost your right to appeal and you've publicly announced that it is not your lawyer's fault if you end up with a bad deal.

I truly hope that you never need any of these tips. Even so, file these in your mind just in case. Above all, if you can't remember them all, just make sure you are clear on this: if you do end up in this situation all the thoughts you had about how you would handle this can easily go right out the window since you may be afraid and have basic comforts denied you for hours. No matter what happens, don't talk any more than you absolutely have to no matter what you are promised and get a lawyer as fast as you possibly can by any means necessary.